defend against ice raids and community arrests · 2017. 2. 13. · raids. these materials include...

Defend Against ICE Raids and Community Arrests

A TOOLKIT TO PREPARE AND PROTECT OUR COMMUNITIES

© IMMIGRANT DEFENSE PROJECT AND CENTER FOR CONSTITUTIONAL RIGHTS 2017

ICE RAID TOOLKIT

Table of Contents

1 Purpose of Toolkit

4 Foreword

7 Acronyms and Abbreviations

8 Why the Focus on Home Raids

10 Who ICE Targets for Deportation

15 Where and How ICE Locates People in Communities

22 ICE Arrest Tactics

30 Emergency Preparedness for Those at Risk of Deportation

33 Legal Challenges to ICE Raids

39 Community Responses to ICE Raids

42 Appendix A

152 Appendix B

203 Appendix C

210 Acknowledgments

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Purpose of Toolkit

This toolkit is a collaboration between the Immigrant Defense Project (IDP) and the Center for Constitutional Rights (CCR), and a culmination of our collective work against Immigration and Customs Enforcement (ICE) home raids during the G.W. Bush and Obama administrations. It aims to help advocates prepare for fighting back against ICE raids under a Trump administration.

In 2013, IDP and CCR, along with the Hispanic Interest Coalition of Alabama

(HICA), filed a Freedom of Information Act (FOIA) request on DHS and ICE’s

controversial tactic of arresting immigrants at their homes, often without

judicial warrants.1 We are still litigating the FOIA, but have received some

information on the recent history of ICE trainings and practices around home

raids. These materials include internal memos and training manuals that we

have included in the Appendix.2 In addition, IDP has monitored and tracked

ICE raids, primarily in the New York City area, for three years. After reviewing

over two hundred reports of ICE activity, we have identified the key tactics

used by ICE in recent years to arrest people at homes and in the community.

In this toolkit, we have assembled our research from the FOIA and monitor-

ing of home raids to support community defense against ICE’s deportation

dragnet. It contains information on: (1) who ICE targets for deportation;

(2) where and how ICE locates people in communities; and (3) ICE arrest

tactics during raids. We also include ideas on how to fight back against these

1 For more information about the FOIA, Immigrant Defense Project, et al. v. ICE, et al., see https://ccrjustice.org/home/what-we-do/our-cases/immigrant-defense-project- et-al-v-ice-et-al#

2 See Appendix A, select documents obtained in Immigrant Defense Project, et al., v. ICE, et al.

https://ccrjustice.org/home/what-we-do/our-cases/immigrant-defense-project-et-al-v-ice-et-al#




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abusive practices that destroy the fabric and safety of communities, emergency

preparedness resources for those at risk of deportation, and possible legal

and community challenges for those who have experienced raids.

ICE raids are one piece of a vast deportation apparatus the federal government

that has built up in recent decades to help ICE meet “performance goals” 3

and deport as many people as possible. It is clear from our research that many

of the specific tactics ICE agents currently employ during raids are legacies

of past practices that have shifted and changed shape with the political tide,

successful legal challenges and significant protest. Despite public claims of

change, there is a lot that remains the same. The agency has demonstrated at

best, an indifference to community members’ constitutional rights — particu-

larly when left to their own devices — and have shown little interest in internal

accountability for misconduct. Under the new administration, we expect

ICE to resurrect some of its past problematic tactics and can learn from suc-

cessful challenges advocates mounted previously.

Based on our historical research, the FOIA production, and local tracking

of raids, we have identified the following key lessons:

— Throughout both the G.W. Bush and Obama administrations, ICE has

institutionalized a militaristic approach to civil arrests with little regard

for constitutional principles or violations.

— Despite proactive litigation that resulted in significant damages settle-

ments and improved training materials for agents and officers during the

G.W. Bush and Obama administrations, ICE continues to illegally enter

and search homes without proper warrants through deceptive ruses, such

as pretending to be local police, and the use of threats and violent force.

— Even though DHS claims to engage in “targeted enforcement,” ICE’s

deceptive and violent home raid tactics often have traumatic impacts

on people who are not the target, including children, as residents are

frequently present during raids.

3 Rivas, Jorge, “ACLU Obtains Emails that Proves ICE Officials Set Deportation Quotas,” Colorlines, Feb. 15, 2013, available at http://www.colorlines.com/articles/aclu-obtains-emails-prove-ice-officials-set-deportation-quotas [hereinafter “Colorlines”]

http://www.colorlines.com/articles/aclu-obtains-emails-prove-ice-officials-set-deportation-quotas





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— ICE relies on widespread surveillance and deception to arrest people

outside of their homes, on the street, in the courts and in government-run

spaces like homeless shelters.

— ICE’s definition of a “public safety threat” includes a wide range of

people — including people with serious medical and mental health issues,

those with decades-old convictions, and those who never served time in jail.

— With a possible return to the more abusive, unconstitutional tactics ICE

used under G.W. Bush, it is helpful to revisit and consider successful

strategies from the past — like strategic litigation — as communities create

a new, adaptable toolbox for fighting back against raids.

The infrastructure that has been created in recent decades will become

the baseline for what Trump’s administration can execute

in its quest to deport millions of people. The key elements include the

constellation of a massive police force, a further militarized southern border,

surveillance, expansive data-sharing between local police and ICE, and the

maintenance of a sprawling network of prisons 4 for immigrants. The success

of this appa ratus relies on decades of extensive criminalization that impacts

all communities of color — including racialized policing, discriminatory

prosecution and harsh sentencing, and mass imprisonment.

As we develop strategies to fight back against Trump’s promise to immediately

deport millions of people, it is critical to draw lessons from the struggles against

the system of mass deportation and criminalization that has expanded over the

past decades. This toolkit will address the need for details about previous and

ongoing tactics the federal government has used to deport people from their

communities. It also proposes some possible strategies to prepare for what may

come in the months and years ahead.

4 Wellek, Alisa, “Brutal Bedfellows: Mass Incarceration And Immigrant Detention”, The Huffington Post, Nov. 22, 2016, available at http://www.huffingtonpost.com/entry/brutal-bedfellows-mass-incarceration-immigrant-detention_us_58179437e4b096e87069692e

http://www.huffingtonpost.com/entry/brutal-bedfellows-mass-incarceration-immigrant-detention_us_58179437e4b096e87069692e






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Foreword

Shortly after winning the presidential election, Donald Trump reiterated

his plans to rapidly deport “2 to 3 million” people. This was not surprising

given that Trump had campaigned extensively on a sensationalist anti-

immigrant platform. Though it is hard to predict exactly how the next

president will move this hate-based agenda forward, in an early interview,

he named individuals he described as “criminal and [those that] have

criminal records” as the key first targets.5

For social justice advocates everywhere, there is much to be concerned

about in the coming months and years. But in order to fully address the

challenges ahead of us, we need to take stock of the conditions that make our

current moment possible. Today’s attacks on immigrants are the result of

an ongoing cycle of expulsion, exclusion, and criminalization of those deemed

“unworthy” of belonging. Since the founding of this country, the aggressive

policing of immigrants — particularly from the Global South — has been

a defining feature of U.S. immigration policy and practice.

The deportation of non-citizens with criminal convictions has been a stated

focus of the federal government’s since the 1980s.6 Such efforts depend on

both an ever-expanding discourse that demonizes immigrants and justifies

excessive and perpetual punishment, as well as on tremendous government

investment in a massive deportation apparatus. The political climate of

the subsequent years helped to realize this focus through various initiatives.

These included the passage of harsh laws in 1996 that expanded the criminal-

ization of immigrants and consequently, the government’s power to arrest,

imprison and deport non-citizens on a massive scale.

6 Kandel, William A. “Interior Immigration Enforcement: Criminal Alien Programs,” Congressional Research Service, Sept. 8, 2016, available at https://fas.org/sgp/crs/homesec/R44627.pdf

5 Schultheis, Emily,“President-elect Trump says how many immigrants he’ll deport,” CBS News, Nov 13, 2016, available at http://www.cbsnews.com/news/president-elect-trump-says-how-many-immigrants-hell-deport/

https://fas.org/sgp/crs/homesec/R44627.pdf

https://fas.org/sgp/crs/homesec/R44627.pdf

http://www.cbsnews.com/news/president-elect-trump-says-how-many-immigrants-hell-deport/




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Over the past three decades, the federal government has increasingly

justified massive investments in its immigrant detention and deportation

infrastructure by using the labels “criminal,” “illegal,” or “felon” to more

effectively dehumanize, surveil, punish, and exile millions of people. Through

harsh laws and policies, the government has significantly expanded who

can be defined as a “criminal.” By linking the policing and imprisonment of

immigrants to a broadly defined “national security,” the government is able

to justify the massive funding allocated to “homeland security.”

Procedurally, the founding of the Department of Homeland Security (DHS)

in 2003 required a major restructuring of government agencies and priorities,

along with a tremendous diversion of federal spending. For a department

tasked with protecting “national security,” the permanent removal of people

with criminal convictions has increasingly served as the justification for

the funding of the world’s largest policing, imprisonment, and deportation

apparatus. A key feature of the growing political convergence of the War on

Terror with the War on Immigrants has been the expansion of collaboration

efforts between local police and ICE and of the ICE police state — requiring

the diversion of hundreds of billions of government dollars — towards the

mass policing, imprisonment, and expulsion of immigrants.

The creation of the “homeland security state” has involved the normalization

of criminalization and deportation. As a result, DHS — its underlying logic,

the profound human suffering it has caused, its relationship with other

agencies, and the political interests it serves — has not received the kind of

public scrutiny an institution of such magnitude and influence deserves.

In the past 15 years, the U.S. has deported 5 million people — almost twice

as many people than in the previous 110 years combined!

Not only have millions of lives been irreparably disrupted, these policies

are at odds with the current forward-thinking movement to reduce the harms

of over-policing and mass incarceration. The success of this cruel system

ICE RAID TOOLKIT


depends, in part, on the dehumanization of whole social groups, including

strategically deploying labels such as “criminal,” “illegal,” or “felon” to shape

public attitudes. At the same time, the government has incorporated and

exploited the harmful ideologies and tactics of the so-called “War on Crime”

and “War on Drugs” to escalate the racialized policing, mass imprisonment,

surveillance, and excessive punishment of immigrants and other socially

marginalized groups. The lines between the criminal legal system and

immigration system have become dangerously thin.

It is no accident that ICE guides and trains its officers to use techniques

that further militarize the policing of communities of color. Much like

other law enforcement agencies with documented discriminatory outcomes,

ICE policies and strategies encourage and justify overly-aggressive policing

tactics, widespread surveillance, and a disregard for constitutional and

human rights. ICE’s unchecked zeal to target, arrest, and deport immigrants

with convictions not only destroys families and communities, but also

reinforces the inequalities of the criminal legal system upon which many

of its policies rest.

Yet despite the enormity of this system, it is not without its weaknesses.

A system that creates so much human pain, erodes fundamental fairness and

human rights, and threatens the safety of millions in the name of “security”

is, at its source, unsustainable. With every iteration and expansion over

the years, growing numbers of communities in every part of the country have

organized to reject its dehumanization, curb its growth, and uphold dignity

and justice. The next “version” should expect increased resistance. If we

can revisit key learnings, adjust our approach, and expand our toolbox

accordingly, we can better support each other as well as the leadership of

communities on the frontlines.


PAGE 7 ICE RAID TOOLKIT

Acronyms and Abbreviations

CBP Customs & Border Protection (“Border Patrol”)

CCR Center for Constitutional Rights

CRCL OfficeofCivilRightsandCivilLiberties

DHS Department of Homeland Security

FOT FugitiveOperationsTeam

FTCA FederalTortClaimsAct

HICA HispanicInterestCoalitionofAlabama

ICE Immigration and Customs Enforcement

IDP Immigrant Defense Project

NCIC National Crime Information Center

NFOP NationalFugitiveOperationsProgram

NYPD New York Police Department

USCIS UnitedStatesCitizenshipandImmigrationServices



Why the Focus on Home Raids

There are a variety of tactics ICE uses to identify people with criminal

contact or convictions in the interior. The primary tactics 7 are:

1) the CriminalAlienProgram in which ICE screens people in prisons

and jails, 2) 287(g) agreements whereby ICE partners directly with local

law enforcement to conduct specific immigration functions, 3) Secure

Communities and the Priority Enforcement Program, where ICE works

with local jails to target specific individuals, and 4) task force operations

to conduct home raids and community arrests. ICE uses these tactics in their

enforcement actions to arrest immigrants and meet its “annual performance

goals.” 8 The predominance of a particular enforcement tactic will vary over

time and place, given changing political contexts and imperatives—such

as changes in ICE’s stated priority targets and the willingness of a locality to

collaborate with ICE detainers 9 or to participate in the of 287(g) program.10

This report, however, focuses on ICE home raids, while acknowledging that

home raids are just one of the primary tactics employed by ICE to target

immigrants outside of the U.S.-Mexico borderlands. We began to monitor

home raids in the New York City area in 2013, while we were also tracking ICE

detainer practices in our ongoing advocacy to end the City’s entanglement

with ICE through a series of detainer policies.11

Shortly after the founding of the Department of Homeland Security (DHS)

in 2003, the agency developed a ten-year strategic plan to meet its goals

under the “War on Terror.” Entitled “Endgame: Office of Detention

and Removal Strategic Plan 2003-2012”,12 its stated mission was: “a 100%

rate of removal for all removable aliens … to allow ICE to provide the level

7 Rosenblum, Marc. R., “Oversight of the Administration’s Criminal Alien Removal Policies,” Testimony before U.S. Senate Committee on the Judiciary, Dec. 2, 2015.

8 See Colorlines, note 3.

9 Immigrant Legal Resource Center, “Searching for Sanctuary,” Dec. 19, 2016, available at: https://www.ilrc.org/searching-sanctuary.

10 Immigrant Legal Resource Center and United We Dream, “Ending Local Collaboration with ICE: A Toolkit for Immigrant Advocates,” Aug. 2015, available at: https://www.ilrc.org/sites/default/files/resources/toolkit_final.compressed.pdf

11 See http://www.immdefense.org/campaign-to-end-secure-communities/

12 U.S. Department of Homeland Security, “ENDGAME: Office of Detention and Removal Strategic Plan, 2003-2012: Detention and Removal Strategy for a Secure Homeland,” Aug. 15, 2003, available at https://aclum.org/sites/all/files/education/ice/endgame.pdf [hereinafter “ENDGAME”]

https://www.ilrc.org/searching-sanctuary

https://www.ilrc.org/searching-sanctuary

https://www.ilrc.org/sites/default/files/resources/toolkit_final.compressed.pdf




http://www.immdefense.org/campaign-to-end-secure-communities/



https://aclum.org/sites/all/files/education/ice/endgame.pdf





of immigration enforcement necessary to keep America secure.” 13

The National Fugitive Operations Program (NFOP)—the division of ICE

primarily tasked with home raids—continued to grow and evolve as a critical

component of the DHS strategic plan.

Under the guise of “national security,” the government has continued to

shift its named “priority” immigrant targets — as a response to changing

political priorities — but without providing evidence as to how mass punish-

ment and deportation provide such security. The G.W. Bush administration

initially targeted people from countries with large Muslim populations and

people crossing the southern border as the primary threats.14 In doing so,

it built up the apparatus for large-scale raids of immigrants at work and

at home, as well as for increased collaboration with local law enforcement.

The Obama administration furthered the focus on immigrants with con-

victions as its primary target — both materially and rhetorically — while

simultaneously accelerating the criminalization of immigration-related

offenses at unprecedented levels.15 Employing seemingly neutral labels —

such as “criminal,” “illegal,” or “felon” — the government’s drive to massively

deport immigrants has not only been facilitated by the legacy of the War

on Crime but has also led to a precipitous acceleration of racialized

policing, mass imprisonment, surveillance, and excessive punishment.

The government’s expansive and uncritical use of home raids to arrest immi-

grants for deportation not only legitimates the highly problematic use of SWAT

teams,16 but also justifies the continual expansion of the federal policing system,

as well as the reach of local police. The DHS impact on the militarization of

local policing is profound:17 it includes the establishment of massive surv-

eillance and data sharing networks; joint training and joint task forces with local

police; the use of local police as a “force multiplier” for immigration policing;

and the transfer of billions of dollars of military equipment.

The fight against home raids is not solely to protect people from deportation.

It is also about challenging the normalization of an ever-expanding police state

in the name of “homeland security.”

13 See ENDGAME, note 12, at 2-2.

14 Fernandes, Deepa, Targeted: Homeland Security and the Business of Immigration, Seven Stories Press, 2007.

16 American Civil Liberties Union, “The War Comes Homes: The Excessive Militarization of American Policing,” available at: https://www.aclu.org/report/war-comes-home-excessive-militarization-american-police

17 Bauer, Shane, “The Making of the Warrior Cop,” Mother Jones, October 2014, available at: http://www.motherjones.com/politics/2014/10/swat-warriorcops-police-militarizationurban-shield

15 Immigration Now 52 Percent of All Federal Criminal Prosecutions, TRACReports, Nov. 28, 2016, available at http://trac.syr.edu/tracreports/crim/446/ [hereinafter “TRACReports”] and Light, Michael T., Hugo Lopez, Mark, and Gonzalez-Barrera, Ana, The Rise of Federal Immigration Crimes, Mar. 18, 2014, available at http://www.pewhispanic.org/2014/03/18/the-rise-of-federal-immigration-crimes/

https://www.aclu.org/report/war-comes-home-excessive-militarization-american-police



http://www.motherjones.com/politics/2014/10/swat-warriorcops-police-militarizationurban-shield




http://trac.syr.edu/tracreports/crim/446/

http://trac.syr.edu/tracreports/crim/446/

http://www.pewhispanic.org/2014/03/18/the-rise-of-federal-immigration-crimes/



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ICE’s Deportation Targets

How does the federal government decide whom to deport?Immigration laws passed by Congress define who is legally at risk of

deportation (i.e. “removable”). The President and Department of Homeland

Security (DHS) then decide how the agency will allocate its resources in

enforcing the laws by setting deportation priorities. The priorities guide

Immigration and Customs Enforcement (ICE) agents by creating categories

of people that the agents target for arrest, detention and deportation.

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Who can be deported?Under current immigration laws, people at risk of deportation generally include:

— People without lawful immigration status: People who are undocu mented

do not have authorization from the federal government to be in the U.S. and

can be deported at any time for this reason. This includes people who entered

without status and those who entered lawfully—for example, with a tempo-

rary visa—but whose status is no longer valid. Some undocumented people

may be eligible to avoid deportation and become documented.

— Peoplewithlawfulimmigrationstatus(e.g.LawfulPermanentResidents

orrefugees)whohavecriminalconvictions: People with legal status can

be deported based on criminal convictions. This is true even if the conviction

is decades old, if the person did not serve any time in jail, if the case was con-

sidered minor or a misdemeanor, if the person has had status for a long time,

and/or the person has other family members who are U.S. citizens.

While these groups of people are legally at risk, whether they are actually

detained and placed in removal proceedings depends largely on the policies set

by the federal government priorities for enforcement.

What groups of people have been “priorities” for deportation?Historically, the priorities have been quite broad, covering those with

and without legal status as well as those with and without criminal convictions.

ICE practices have reflected longstanding goals but also varied in emphasis

and scale depending on the political climate. For example, during the Obama

administration, ICE focused more on immigrants with convictions rather

than those with only civil immigration violations (such as those with only a

prior order of removal).18 ICE states its priorities are used as a means to

focus ICE resources, but ICE is clear that agents are not discouraged from

arresting, detaining or deporting anyone who is not identified as a priority. 19

18 Memo from Jeh Johnson, “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants,” Nov. 20, 2014, available at https://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf

19 See PEP memo, note 18.

https://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf




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Since the founding of DHS in 2003, the agency has spent billions of dollars

toward its mission to “identify, locate, apprehend, process and remove”

immigrants that DHS claims are “threats to national security, border security,

and public safety.” 20 Below are some of the common categories that have been

used by DHS to criminalize a broad range of people and classify immigrants

as key targets for deportation:

— “CriminalAlien”: “Criminal alien” is not defined in immigration law or

regulations, and has been used inconsistently by the federal government

to dehumanize a broad category of people to justify mass deportation.

Generally, a “criminal alien” is a non-citizen who is legally deportable or

is not eligible for legal status due to a criminal conviction or contact with

the criminal legal system. Applied very broadly, this term may include

people who have served their sentence and rebuilt their lives, people

convicted of misdemeanors or of immigration offenses such as illegal

re-entry, 21 and those with infractions that are not even considered

“convictions” under state law such as traffic violations.22 If the person

has a conviction, it doesn’t matter to ICE how long ago the conviction

happened, or often even if it is on appeal; ICE also ignores other positive

aspects of the person’s life, such as community contributions or family

ties. The vast majority of people deported for criminal offenses do not

even meet ICE’s own standards of serious offense.23

— “Convictedcriminal”:A “convicted criminal” is a term used by ICE in

its enforcement statistics and defined as “an individual convicted in the

United States for one or more criminal offenses. This does not include civil

traffic offenses.” 24 In November 2014, ICE identified this category, along

with people who crossed the border without authorization after January 1,

2014, as top priorities.

— “SuspectedorConfirmedGangMember”:According to a Federal

Register notice, ICE maintains ICEGangs, a database that collects and

20 See ENDGAME, note 2.

21 The government has been aggressively prosecuting immigration related offenses— primarily “illegal entry” and “illegal re-entry”— over the past 10 years. Immigration violations made up 52% of all federal criminal prosecutions in FY 2016. See TRACReports, note 15.

22 Harsh immigration laws passed in 1996 vastly expanded the criminal offenses that trigger deportation. See Wellek, Junck & Shah “20 Years Ago Today This Terrible Law Set the Foundation for Mass Detention and Deportation,” Colorlines, September 30, 2016 available at http://www.colorlines.com/articles/20-years-ago-today-terrible-law-set-foundation-mass-detention-and-deportation. For number of deportations by criminal charge see Secure Communities and ICE Deportations: A Failed Program?, TRACReports, Apr. 8, 2014 available at http://trac.syr.edu/immigration/reports/349/

23 Rosenblum, Marc R. and McCabe, Kristen, Deportation and Discretion: Reviewing the Record and Options for Change, Migration Policy Institute, Oct. 2014, available at http://www.migrationpolicy.org/research/deportation-and-discretion-reviewing-record-and-options-change

24 U.S. Immigration and Customs Enforcement, “FY 2015 ICE Immigration Removals,” available at https://www.ice.gov/removal-statistics

http://www.colorlines.com/articles/20-years-ago-today-terrible-law-set-foundation-mass-detention-and-deportation





http://trac.syr.edu/immigration/reports/349/

http://trac.syr.edu/immigration/reports/349/

http://www.migrationpolicy.org/research/deportation-and-discretion-reviewing-record-and-options-change





https://www.ice.gov/removal-statistics

https://www.ice.gov/removal-statistics

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stores information about adults and juveniles “who qualify as suspected

or confirmed gang members and associates under ICE criteria.” How

ICE defines or identifies a gang member, whether suspected or confirmed,

is not publicly available, but its gang definition seems broader than the

federal law definition of gangs and California’s definition of street gangs.

ICEGangs also collects information about associates, but the criteria for

affiliates and associates of gangs have also not been disclosed. 25

— “Fugitivealien”:ICE classifies people as “fugitive aliens” if they have

been ordered removed, deported, or excluded by an immigration judge,

but have not left the U.S. or have failed to report to DHS after receiving

notice to do so. A “fugitive alien” does not necessarily have a criminal

record. The original purpose of the ICE program that conducts home

raids—the National Fugitive Operations Program (NFOP) founded in

2002—was to eliminate backlogs by deporting all “fugitive aliens” by

2012.26 In 2009, Congress expanded NFOP’s mandate to include other

classifications of immigrants. Prior to DHS removing “fugitive aliens”

from its priorities in November 2014, people within this category were

a significant target.

— “OtherRemovableAlien”or“ImportantFederalInterest”:

As per the enforcement priorities issued by DHS in the PEP Memo

in November 2014, this is a catch-all category for anyone who may

be otherwise subject to deportation but does not fit the priorities as

stated. This may include people with pending criminal charges and

people subject to orders of protection.

DHS’ changing priorities over the years have amounted to attempts to

disguise mass criminalization of immigrants by using different names and

labels. The categories have been used to perpetuate fear and boost the

agency’s budget for a mission that has not been adequately scrutinized.

25 This definition has been provided by Paromita Shah from the National Immigration Project of the National Lawyers Guild. For any questions, please contact Paromita at [email protected].

26 See Fugitive Operations Manual obtained in Immigrant Defense Project et al. v. ICE et al., at Appendix A.

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27 Prior to November 2014, ICE would target immigrants who were still in criminal proceedings.

What we may see under the Trump administration:

— Expansion of who is considered a “criminal”: ICE may again

prioritize individuals with with civil immigration violations

(“fugitive aliens”). This will include immigrants at the point of

arrest with pending criminal cases who have not yet been convicted

of an offense.27

— Criminalizationforoffensesrelatedtoemployment:During

the G.W. Bush administration, ICE conducted large scale worksite

raids and charged undocumented workers with criminal offenses,

such as felony identity theft. The criminal legal system often leads

immigrants directly into the federal deportation apparatus.

— AggressivehomeraidswhereICEarrestspeoplewhoare

not stated priorities: ICE home raid operations in the past have

included wide sweeps where agents arrest others on site whom

they suspect to be undocumented (collateral arrests) without

regard for whether the person fits the federal government’s stated

priorities for deportation.

— Increased criminalization of immigration-related conduct:

The Department of Justice and Attorney General could increasingly

criminalize undocumented individuals and their families, friends,

and employers by making increasing use of federal criminal statutes

for alien smuggling and harboring, hindering removal, illegal entry

and re-entry, and employment-related offenses.

— Expanded use of fast-track deportation: DHS could expand

the use of fast-track deportation procedures (i.e., expedited

removal, stipulated removal, administrative removal) at the

borders and in the interior.

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Where & How ICE Locates People in Communities

Where does ICE conduct arrests?For years, ICE has arrested people for deportation in the following locations:

Jails: The most common way for ICE to locate and arrest non-citizens is from

local jails.28 Because of database sharing programs, ICE receives notice of

arrests when a non-citizen is fingerprinted. If that individual is in criminal

custody and deemed a priority for deportation, ICE sends the jail a “detainer”

request for voluntary transfer of the person to ICE or notification of release

timing so ICE can then detain the person. Some local law enforcement cooperate

with these requests; others place limits on it or have refused cooperation.

28 See https://www.ilrc.org/toolkit-challenging-ice-hold-requestsimmigration-detainers

https://www.ilrc.org/toolkit-challenging-ice-hold-requestsimmigration-detainers



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Homes: ICE agents commonly arrest non-citizens directly outside of

or inside of their homes. This includes supportive housing residences,

apartment buildings, and homeless shelters. Sometimes ICE agents linger

around the neighborhood, surveilling the home and blocks surrounding

it for the target.

Courthouses: ICE agents regularly come to criminal courthouses to arrest

non-citizens who are targets, meaning they have been identified as “criminal

aliens” or as a priority for enforcement, regardless of the charges they are

facing in their open cases. Agents are usually dressed in street clothes and wait

in the court hallways. Sometimes the agents wait inside the courtroom and

have already alerted the court clerk or the District Attorney of their intentions

to make an arrest. ICE often detains people regardless of whether they have

appeared before the judge on their open case.

ICE RAID TOOLKIT


Probation/Parole:Non-citizens who are on probation or parole are a

common target for ICE enforcement. Individuals who are on probation or

parole are regularly turned over to ICE. Commonly, ICE agents arrest people

at a regular check-in. Sometimes a probation/parole officer calls people to

schedule a new check-in during which ICE arrests the person. Note: At the

time of publication, the New York City Department of Probation has a policy

that limits their cooperation with ICE.29 Barring certain narrow exceptions,

they do not turn people over to ICE in most cases. This does not include

individuals who are on Federal probation in NYC. If you hear of an ICE arrest

at a NYC probation office, please contact IDP.

29 City of New York Department of Probation, Probation # 10-03-15, available at http://immdefense.org/wp-content/uploads/2015/10/epap_civil_immigration_detainers_100315.pdf

http://immdefense.org/wp-content/uploads/2015/10/epap_civil_immigration_detainers_100315.pdf





ICE RAID TOOLKIT


Checkpoints: Both Customs and Borders Protection (CBP) and ICE agents

have the ability to detain and arrest individuals who they have a reasonable

suspicion are not in the U.S. lawfully. CBP can do this within 100 miles of the

borders and ICE agents can do this throughout the rest of the U.S. Agents

usually set up car checkpoints, stopping certain cars and asking individuals for

proof of their legal status where there is reasonable suspicion that they are not

lawfully in the U.S. If they cannot offer proof of lawful status, officers arrest

them. In some jurisdictions, local law enforcement turn over non-citizens to

ICE through separate police checkpoint activity.

Are there places where ICE is not supposed to conduct arrests?Since October 2011, ICE has had a policy prohibiting enforcement activities

(arrest, interview, search, or surveillance of non-citizens) at the following

“sensitive locations,” barring extraordinary circumstances:

. schools (includes pre-school through colleges/universities

and vocational or trade school) . hospitals . churches, synagogues, mosques or other institutions of worship . thesiteofafuneral,wedding,orotherpublicreligiousceremony . asiteduringapublicdemonstration,suchasamarch,

rally or parade

The policy, which may be subject to change under the next administration,

can be found here:

https://www.ice.gov/doclib/ero-outreach/pdf/10029.2-policy.pdf

https://www.ice.gov/doclib/ero-outreach/pdf/10029.2-policy.pdf

ICE RAID TOOLKIT


How does ICE identify and locate people at risk of deportation?ICE regularly identifies people at risk of deportation in the following ways:

— Data sharing with police: . Atstreetencounter:Police routinely conduct warrant checks.

One of the databases they check is the FBI’s National Crime

Information Center (NCIC), a centralized database of crime-related

data including records on people who are wanted by law enforcement.

ICE adds information into this database, including people who have

been ordered deported in the past. . Attimeofcriminalarrest:Through fingerprint sharing programs run

by the FBI, DHS has access to information that is entered at the time

of arrest and can compare it to their own database. If ICE is interested

in deporting that person, they will either ask the police to notify ICE

when the person is being released from criminal custody, or to detain

the person for ICE to come pick them up. 3030 See http://www.immdefense.

org/ending-ice-police-entanglement/

http://www.immdefense.org/ending-ice-police-entanglement/



ICE RAID TOOLKIT


— Data sharing with state agencies: . DMV:ICE uses the “National Law Enforcement Telecommunications

System” (Nlets) to obtain certain information provided in driver’s

license applications and subsequent driver history (e.g., accidents and

traffic offenses). If ICE is interested in particular individuals, it can

use this information to locate them.31 . State criminal records: ICE regularly contacts Criminal Court

clerks to get copies of non-citizens’ criminal records (in NY, the

RAP sheet), criminal complaint, and Certificates of Disposition or

final judgement from the criminal case. . State registries: ICE appears to access information placed on

state registries, including order of protection and sex offender

registries, particularly those fed into national databases like NCIC.

Under Operation Predator, ICE tracks who is on the sex offender

registries and targets them for enforcement activities.

— Internationaltravel:Non-citizens with lawful immigration

status (e.g. green card holders, asylees, students) who travel inter-

nationally go through Customs when they return to the U.S. They

are fingerprinted upon re-entry, triggering a criminal record review.

Sometimes they are also interviewed by CBP agents about their

criminal history. This is a common way for ICE to locate non-citizens

with criminal convictions.

— Immigration applications: All applications submitted to United

States Citizenship and Immigration Services (USCIS) require the

biometrics (fingerprinting and eye scanning) of applicants. USCIS

uses the information to run a search of databases 32 to determine if the

applicant is eligible for the benefit they are seeking and/or whether

they are removable.

32 USCIS, “Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens”, Nov. 7, 2011, available at https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/NTA%20PM%20%28Approved%20as%20final%2011-7-11%29.pdf

31 For more information about ICE & DMV data sharing, see https://www.nilc.org/issues/drivers-licenses/ice-dmvs-share-information/

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/NTA%20PM%20%28Approved%20as%20final%2011-7-11%29.pdf






https://www.nilc.org/issues/drivers-licenses/ice-dmvs-share-information/



ICE RAID TOOLKIT



— Moreworkplaceenforcement: ICE may return to the workplace

raids common under the G.W. Bush administration (see page 23

in toolkit), particularly the raiding of factories or other locations

with a high number of immigrant employees.

— Morejailandlocallawenforcementcooperation:In some

jurisdictions, jail and local law enforcement cooperation have

been hallmarks of enforcement under President Obama. It is

likely that the federal government will put more pressure on local

jurisdictions to cooperate with ICE in providing information

and turning over non-citizens to them.

— Moreagentsconductingraidsthroughoutthecountry:

Fugitive Operations’ budget is anticipated to increase with the new

administration, meaning that there will be more enforcement and

more raids throughout the US.

— Expandingtheuseofdatabases(e.g.gangmembershiplists):

ICE already relies on databases for information and this is only

likely to increase. The federal government will probably pressure

local law enforcement to grant more access to local database

information, including inaccurate gang membership lists 33

that undergo little vetting by the public or the courts.

33 Winston, Ali “Obama’s Use of Unreliable Gang Databases for Deportations Could be a Model for Trump,” The Intercept, November 28, 2016, available at: https://theintercept.com/2016/11/28/obamas-use-of-unreliable-gang-databases-for-deportations-could-be-a-model-for-trump/

https://theintercept.com/2016/11/28/obamas-use-of-unreliable-gang-databases-for-deportations-could-be-a-model-for-trump/





ICE RAID TOOLKIT


ICE Arrest Tactics

IDP and CCR has compiled our collective knowledge of ICE arrest tactics under the G.W. Bush and Obama administrations, which are laid out below, as well as what we anticipate under the new administration.

What were the hallmark raids under G.W. Bush?From DHS’ inception in 2003 under the G.W. Bush administration,

the government rapidly expanded the National Fugitive Operations Program

(NFOP), the ICE program founded a year earlier, to conduct home raids

with the purpose of arresting “fugitive aliens.” 34 The Fugitive Operations

Teams (FOTs) were trained to use aggressive tactics similar to SWAT teams

and mainly conducted two types of raids:

— Home Raids: ICE conducted

home raids on a mass scale, claiming

that these raids were important

mechanisms to apprehend

“fugitives” and “criminals,” often

labeling them “gang operations”

or criminal “cross-check” operations.

DHS heavily relied on a SWAT-like

approach, where groups of armed

officers appeared at residences

early in the morning or late at night

searching for people.

34 In 1995, the government created “alien abscondee teams,” but they were not prioritized until the founding of DHS. See Mendelson, Margot, Storm, Shayna, and Wishnie, Michael, “Collateral Damage: An Examination of ICE’s Fugitive Operations Program,” Migration Policy Institute, Feb. 2009, available at http://www.migrationpolicy.org/research/ice-fugitive-operations-program

http://www.migrationpolicy.org/research/ice-fugitive-operations-program



ICE RAID TOOLKIT


— Workplace Raids: Although workplace raids had been a feature of

immigration enforcement for decades, many of the ICE workplace raids

under President G.W. Bush were large-scale and also resulted in federal

criminal charges for use of false documents such as social security cards

or other identity information. Workers arrested in large factory

round-ups with little access to legal counsel, limited proficiency in the

English language and/or no familiarity with the judicial system suddenly

faced significant time in federal prison before being deported.

What tactics did ICE use under President G.W. Bush?

Collateral arrests and quotas:

Most of the arrests in the home

and in the workplace, were of

“collaterals”— individuals at risk

of deportation who happened to

be present when ICE burst into an

address looking for a purported target.

Collateral arrests became a standard

feature of ICE operations, which

increasingly met their arrest quotas 35

by making mass collateral arrests. The new quota requirements corresponded

with increased reports of racial profiling of non-target individuals.

Coercion: ICE used coercive tactics specifically to enter homes without

proper warrants and without proper consent. Teams of half a dozen

agents or more would surround a home in the pre-dawn hours, with guns

visible or drawn prior to knocking loudly on doors and windows to urge

residents to open the door. The agents did not have proper judicial warrants

and needed permission from residents to enter. If a resident merely opened

the door, ICE agents would then enter and sweep through the home, often

35 In January 2006, ICE increased the FOTs quota to 1000 arrests per year from 125. In September of that same year, ICE issued a memorandum instructing agents that the 1000-arrest goal could include anyone encountered in an operation, even if they were not initially a target. See Memo from John Torres, “Fugitive Operations Case Priority and Annual Goals,” Jan. 31, 2006 and Memo from John Torres, “Fugitive Case Management System Reporting and the 1000 Arrests Annual Goal for Fugitive Operations Teams,” Sept. 29, 2006, available at http://graphics8.nytimes.com/packages/pdf/nyregion/2009/20090205_RAID_FINAL.pdf. In 2010, however, ICE issued a new policy on priorities for enforcement that instructed agents to direct resources primarily toward “aliens who pose a risk to national security or a risk to public safety”; “recent illegal entrants,” and “aliens who are fugitives or otherwise obstruct immigration controls.” See Memo from John Morton, “Civil Immigration Enforcement: Priorities for the Apprehension, Detention and Removal of Aliens,” June 30, 2010, available at https://www.ice.gov/doclib/news/releases/2010/civil-enforcement-priorities.pdf.

http://graphics8.nytimes.com/packages/pdf/nyregion/2009/20090205_RAID_FINAL.pdf




https://www.ice.gov/doclib/news/releases/2010/civil-enforcement-priorities.pdf



ICE RAID TOOLKIT


characterizing the fact of the opened door as evidence of consent to enter.

Agents usually caused significant property damage due to the forceful and

violent nature of these operations. Throughout the G.W. Bush-era, individuals

challenged these tactics in federal courts and a number of judges found the

conduct unconstitutional for lack of proper consent to enter or search. 36

Threatsandforce: ICE agents during home raids frequently used force,

for example, drawing weapons; grabbing, hitting and pulling residents;

damaging doors, windows and other property; and threatening to residents

to obtain entry or to conduct searches without warrants. When individuals

challenged this behavior in federal courts, some judges deemed this kind

of conduct an “egregious” violation of the Fourth Amendment. 37

Deception: Under President G.W. Bush, ICE agents routinely used a range

of deceptive tactics, known as ruses, to enter homes or workplaces. In 2005

and 2006, for the first time, ICE issued two memoranda setting guidelines for

ICE agents’ use of deception. 38 The memos explicitly prohibited ruses that

involved health and safety programs (e.g. pretending that they were workers

checking on a gas leak) or agents identifying themselves as representatives

of “another agency (federal, state

or local) or that of a private entity”

without prior permission. In practice,

however, officers regularly raided

homes by identifying themselves as

“police,” asserted they were looking for

an individual other than the purported

target, pretended to be investigating

a crime such as identity theft, and

even claiming an emergency inside

that required their entry. Once inside,

ICE agents would arrest anyone in the

home at risk of deportation.

36 As part of one of the lawsuit settlements, in Aguilar, et al., v. ICE, et al., ICE was ordered to issue a new training and policy statement on these issues. See ICE Training and Policy Statement, Immigration and Customs Enforcement, Apr. 13, 2013, obtained in Immigrant Defense Project, et al. v. ICE, et al., at Appendix A. For more information on the Aguilar litigation, see https://ccrjustice.org/home/what-we-do/our-cases/aguilar-et-al-v-immigration-and-customs-enforcement-ice-et-al

37 See, e.g, Lopez-Rodriguez v. Mukasey, 536 F.3d 1012 (9th Cir. 2008).

38 See Memo from John Torres, “Addition to Section 5, Chapter 19 (Field Operations and Tactics) of the Detention and Deportation Field Officer’s Manual (DDFM) - USE OF RUSES DURING ARREST OPERATIONS”, Aug. 18, 2005, and Memo from John Torres, “Uses of ruses in enforcement operations,” Mar. 6, 2006, obtained in Immigrant Defense Project, et al. v. ICE, et al., at Appendix A.

https://ccrjustice.org/home/what-we-do/our-cases/aguilar-et-al-v-immigration-and-customs-enforcement-ice-et-al





ICE RAID TOOLKIT


Locallawenforcementcollaboration: ICE regularly collaborated

with local police, probation officers, and parole officers to investigate

targets. In addition, in many cases ICE was accompanied on operations by

local law enforcement agents, giving them the ability to announce that

they were “police” rather than ICE agents when seeking entry and increas-

ing the number of law enforcement present.

Useoflocallawenforcementdatabasestolabelthosetargeted

orarrestedasgangmembersorassociates: ICE made frequent use

of local law enforcement databases to identify targets as gang members

or associates, regardless of whether such individuals had ever been

arrested, charged, or convicted of any crime. In some cases, ICE agents

labeled individuals as gang associates simply by virtue of having been

arrested during a gang operation or living in a home where a gang member

was thought to have lived at one time.

What tactics has ICE used under President Obama?Under President Obama, DHS continued to use surveillance, force and

deception to rip unsuspecting people out of their communities for removal

proceedings. After successful legal challenges to the G.W. Bush-era

approaches, DHS shifted gears and promoted its work as “targeted enforce-

ment,” minimizing its use of sweeping raids. The Obama era nonetheless

will have been marked by the continuation of abusive ICE practices that

undermine the fabric of communities and raise policy concerns. Below are

common tactics ICE agents have used, as reported to IDP in hundreds of

stories over the past three years. To read individual reports of these tactics,

see Appendix B.

ICE RAID TOOLKIT


Under Obama, when attempting to arrest people in the community, ICE agents generally:

— Work in teams

— Arrive early in the morning to homes (e.g. between 5am and 8am)

— Have only an “administrative” warrant 39 signed by a supervisor

at ICE rather than a judge

— Must get consent from a resident to look for someone in a home

because the agents usually do not have a warrant signed by a judge

authorizing entry

— Use surveillance and database research to locate and detain people

in public spaces outside of the home

Under Obama, common ICE arrest tactics include:

Physical force: 40 Although the frequency appears to have decreased, the

Obama administration did not abandon the violent tactics employed during

G.W. Bush-era raids. At homes, ICE agents have pushed past people who

have merely opened the door and sometimes forced open closed or locked

doors— in one case, to arrest someone who no longer lived at the address.

Agents have stormed into homes without identifying themselves and

sometimes drawing their guns immediately, including in front of children.

Threats:Community members reported ICE threatening them with the use

of force—particularly those asking to see a warrant before allowing entry.

Agents warned that, if they had to go and get a warrant, they would return

and destroy the place or rip the house apart. ICE agents have also threatened

to knock down a door, search a home without consent, or to have someone

arrested for harboring an “illegal alien” if the person at the door did not assist

them in locating their target.

39 See ICE Administrative Warrant obtained in Immigrant Defense Project, et al. v. ICE, et al., at Appendix A.

40 To read individual reports of such raids under the Obama Administration see Appendix B.

ICE RAID TOOLKIT


Intimidation: In addition to flat-out threats, ICE has used the public nature

of raids to pressure people into allowing entry to minimize embarrassment,

parking multiple DHS cars prominently outside of a home and banging and

yelling loudly at the door. ICE agents have also waited for long periods outside

of a home or visited a residence multiple times, essentially harassing and

stalking fearful residents until they help ICE locate the targeted person.

Deception: Under President Obama, ICE agents without judicial warrants

increasingly began to enter homes through deception, also known as “ruses.”

Agents trick residents into believing the officers are local police investigating

criminal matters, even announcing themselves as “police.” Residents—not

knowing the agents’ true purpose—often then help ICE locate a loved one

for deportation by letting ICE into the home or helping the officers arrange

a meeting with the person ICE eventually detains. ICE agents have also used

similar lies to call targeted people and lure them to specific public locations,

even going so far as to arrange meetings at NYPD precincts only to detain

the person outside. Pretending to be local police, ICE agents:

ICE RAID TOOLKIT


— Requesthelpwithacriminalinvestigation . Ask residents to review photographs/mugshots of criminal suspects . Use a stranger’s photograph but the targeted person’s name when

describing a criminal suspect, prompting residents to locate loved

ones to correct the error . Claim someone is using a person’s name to commit crimes and

request to speak to the person to clear this up . Say that a criminal suspect or fugitive has been using that address

or is in the vicinity and thus officers need to enter and search to

ensure the person is not present

— Claim that the targeted person has been thevictimofidentitytheft

or fraud and they are investigating

— Call a targeted person to clear up an accusation and arrange a meeting . Describe the person’s vehicle and claim they need to meet to inspect

it, as it is reported to have been in an accident . Claim they need to inspect the individual’s body for signs of injury,

as s/he is suspected of having been in a fight reported to police . Claim they need to see proof of compliance with a prior court case

Surveillance:Under President Obama, ICE has used significant resources

to research, identify, and track the locations of removable people agents

intend to arrest in the community.41 They have used information from the

criminal legal system to arrest people who are not incarcerated at their court

dates as well as at probation/parole. They have used information from federal

and local databases and immigration applications to identify home addresses.

They also have used physical surveillance to follow and detain people in

various public spaces, including outside of homes, shelters or workplaces —

even arresting a woman in front of her child’s pre-school where she had just

dropped him off. These agents typically presented themselves immediately

as ICE officers and quickly detained the individual.

41 See Fugitive Operations Handbook at Appendix A.

ICE RAID TOOLKIT


Targetedarrestsusingtacticsthatinstilledfearinwitnesses:

Under President Obama, ICE reduced its use of collateral arrests. This

has meant that, for the most part, when ICE agents showed up at homes,

workplaces or in public spaces, they located and detained the target only.

Despite this, during some home raids, ICE has requested identification,

photographed identity documents and taken fingerprints from people who

were not the target. Although the witnesses generally were not detained in

the moment, these tactics put many people in fear of deportation. Moreover,

it was unclear how or if the information collected by ICE would be used in

the future. In a few cases reported to IDP from New Orleans, LA, ICE agents

did review identity documents or fingerprints and immediately detain

other individuals present who were not initially targeted.


— An increaseinthenumberofraids and agents conducting arrests

in communities

— A return to more sweeping raids with collateral arrests

(i.e., people who were not the initial target but nonetheless at risk

of deportation)

— Continued if not expanded use of force

— Continued use of ruses with evolving prompts

— Morepressureonemployers&otherstoturnpeopleover to ICE

— More joint task force operations between local police and ICE

(e.g. gang task forces) 42

42 See e.g. Nashville Raid Joint Taskforce Worksheets obtained in Immigrant Defense Project, et al. v. ICE, et al., at Appendix A.

ICE RAID TOOLKIT


Organize your personal documents.

— Keep original identity & personal documents in a safe place. Make and

store copies where someone you trust can access them if you are detained.

— Gather immigration and criminal history documents. These will help

a lawyer screen you for any legal defenses against deportation (“relief ”). . Immigration documents: any applications submitted to immigration

or any documents showing your A# (alien number), if you have one. . Criminal documents: certificates of disposition from courts

and/or rap sheet

Get screened by a lawyer as soon as possible to see if you are eligible for any legal defenses against deportation (“relief”).

Many nonprofits offer free legal screenings across the country. Be careful of scams!

— Always keep your original documents.

— If hiring a lawyer to represent you, always have a signed contract and make

sure to review the document in your preferred language. Make sure both

of you sign the contract and you get a copy.

— If hiring a private lawyer, always get a second opinion before paying and get a

receipt for payment (ideally paying by check or money order instead of cash).

1

2

Emergency Preparedness for Those at Risk of Deportation

For advocates working with people at risk of deportation, encourage community

members to do the following:

ICE RAID TOOLKIT


Plan for medical needs.

— Write down crucial medical information to carry with you, including contact

information for your doctors and any medications you take with names and

dosages.

— Identify someone you trust and arrange for them to have access to your

medical information in case they need to provide it in support of your legal

case or so you have proper medical care if detained.

— To do this, consider signing a HIPAA form, giving them access to your medical

files and allowing your doctors to communicate with them about your medical

needs.

Plan for childcare needs.

— Write down crucial contact information for childcare to carry with you.

— Identify someone who can care for your children if you are detained. Make

sure that person agrees to act as a caretaker and has the following information: . School location and contact information . Any medical conditions your child has and how to address their needs,

including contact information for doctors and information

on medications and/or allergies. . Emergency contact information for other loved ones

— Put important documents for each child in a safe place accessible to

your emergency caretaker. This may include your child’s medical/school

records, birth certificate, and any legal agreements you have made with your

emergency caretaker.

— Consult with a lawyer about whether to grant a loved one power to make legal

decisions for your child if you are detained. Some options include: . SpecialPowerofAttorney: This is a legal document in which a

parent authorizes another adult to act temporarily in the parent’s place

on behalf of the child. It is a private agreement and can be cancelled

at any time.

3

4

ICE RAID TOOLKIT


. Guardianship:This is a more formal arrangement than Power

of Attorney and typically involves Family Court. This allows

your loved one to make medical, educational or other decisions

while you are detained. It is harder to reverse and can mean

giving up some of your power to make decisions for your child.

So it is important to talk to an expert before doing this.

Plan for financial needs.

Consult with an expert about whether to grant a loved one power

to access your finances and make financial decisions if you are

detained. There is a special power of attorney form for financial

matters. This legal document allows a loved one to do things

like access your bank account, pick up your paycheck, pay bills,

and use your money to pay bond.43

5

43 Families for Freedom "Financial Handbook for Families Facing Detention + Deportation" April 2008, see http://familiesforfreedom.org/sites/default/files/resources/FFF%20_Financial%20Handbook%20for%20Families%20Facing%20Detention%20and%20..pdf

Carry crucial information on your person at all times.

This should be written down—not relying on access to your phone—

and includes:

— Medicalinformation: . Contact information for your doctors . A list of any medications you take, including the names

and dosages

— Childcare information: . Contact information for school and point of contact in case

of detention

— Contactinformationforlawyerswhohaverepresentedyou

or agreed to represent you

— Contactinformationforlovedones

For resources on emergency preparedness, go to: http://www.immdefense.org/ice-arrests

http://familiesforfreedom.org/sites/default/files/resources/FFF%20_Financial%20Handbook%20for%20Families%20Facing%20Detention%20and%20..pdf






http://www.immdefense.org/ice-arrests



ICE RAID TOOLKIT


Legal Challenges to ICE RaidsAnyone who has been subject to or has witnessed an ICE raid should

document what happened. The details of a raid can be useful for

the non-citizen’s legal case and can also be important to bring lawsuits

against the government for any abuses suffered.

What are ways to document a raid?It is important for those who have experienced

raids to document details as soon as possible

afterwards when memories are fresh.

— In writing: IDP has created a wall poster

that guides people on what information is

relevant to document and give to a lawyer.

The poster is available in multiple languages

at http://www.immdefense.org/ice-arrests.

What can I do if ICE officers are at my door? Do I have to let ICE into my home?

You do not have to let ICE in unless they have a warrant signed by a judge giving them authorization to enter to arrest someone at your address. Ask them to slip the warrant under the door, before you open it. ICE will most likely try to enter your home without a warrant and needs consent from an adult to enter. Opening the door does not mean that you consent.

ICE HOME ARRESTSPROTECT YOUR RIGHTS

If your loved on has been arrested by ICE, you can initiate the emergency plan. To learn more details on your rights with ICE visit www.immigrantdefenseproject.org/community-trainings#homeraids [email protected]. To report an ICE raid in NYC, contact 212-725-6422. To report raids outside of NY, contact United We Dream at 1-844-343-1623. Images & Content © 2016 IDP

If ICE agents are inside my home, can I ask them to leave?

DO NOT LIE. DO NOT SHOW FALSE DOCUMENTS. DO NOT RUN OR PHYSICALLY RESIST ARREST.Say, “I do not want to answer any questions,” and ask agents to leave their contact information. If they enter without consent, say “I do not consent to this. Please leave the house.”

What should I remember if ICE agents are inside my home?Tell them right away if: *There are children or the elderly present. *You are ill, on medication, nursing or pregnant. *You are the primary caretaker for a loved one and need to arrange care.

“Please slip the warrant under the door”

“I do not want to answer any questions”

“I do not consent to this. Please leave the house.”

Can ICE walk through all rooms and searchthe home for specific people or items?

ICE is not supposed to search your home or belongings without your consent if they do not have a judicial warrant. If they are inside and start to search, say “I do not consent to this search. Please leave the house.” Keep saying this, especially if they search for, take or try to photograph documents. They may not listen but it is important for you to exercise this right and tell a lawyer later. It may help you or a loved one in the future.Do not give ICE passport or consular documents unless they have a search warrant signed by a judge listing those items. ICE agents often ask people to gather up their travel documents during an arrest. They are only doing this to help the government try to deport you. Say, “I don’t want to bring my documents” or “I don’t want to give anything over.” DO NOT give them false or invalid documentation (e.g. fake Social Security card or expired immigration visa).

“I do not consent to this search. Please leave the house.”

“I don’t want to bring my documents”

“I don’t want to give anything over.”

What information is important to remember about ICE in your home?It is important for you or a loved one to observe how ICE agents acted at your home and to tell a lawyer. It may make a difference in the immigration case!

Please use the section on the back to take important notes after ICE leaves.

Hang this on your door to remember key rights and details if ICE enters your home!

This includes if agents:

— Entered the home without proper consent

— Searched the home without proper consent

— Dismissed medical or childcare concerns raised during arrest

— Harassed or threatened witnesses, including the use of racial profiling

— Engaged in abusivebehavior related to your gender identity or sexual

orientation, including sexual harassment or derogatory remarks

— Used force (verbal or physical) or weapons against individuals


ICE RAID TOOLKIT


— Videotaping:Many people have asked whether they can or should

videotape an ICE raid. There are no states in which it is against the law

to film law enforcement while they are engaged in their public duties.

However, because of the variety of laws and court cases regarding recording

audio and video in different states, itisimportanttoconsiderseveral

things before videotaping an arrest in the home or in public.

Importantconsiderationsbeforevideotapinganarrest

inthehomeorinpublic:

. ICE agents are armed law enforcement officials who are first

and foremost concerned for their own safety. Before taking out a

recording device, it is best to assess the situation and determine

whethertakingavideocouldescalatethesituation and

endanger anyone present. . It is extremely important that if you choose to record,

youmustmakeitobviousthatyouarerecording. Almost every

state has laws against “secret” recordings. Do not cover up, hide

or conceal your camera/phone. . Your right to record law enforcement usually comes with the

qualification that you must not “interfere” as they are carrying out

their “duties.” Thismeansyoushouldstandseveralfeetaway

from any law enforcement action taking place if you choose

to record.

ICE RAID TOOLKIT


Tell someone.

Contact local organizations to report a raid.

For raids in New York State, contact IDP at 212-725-6422. IDP can also support those interested in bringing legal challenges to raids.

For raids in California, contact the TRUST hotline at 844-878-7801.

For raids elsewhere, contact United We Dream at 844-363-1423.

How can I bring legal challenges to ICE’s abusive practices and how will that benefit me? Many of the tactics ICE uses to arrest people they believe are eligible for

deportation violate the U.S. Constitution and/or the federal regulations and

statutes that establish the limits on what conduct is permissible in the course

of immigration enforcement. 44 Victims of illegal ICE conduct can challenge

the validity of their deportation proceedings, suppress evidence of

deportability, file complaints against ICE agents, and file lawsuits against

ICE agents in federal court. The following legal tools to challenge raids may

be available:

ChallengingDeportabilityinImmigrationCourt:

— MovetoSuppressEvidenceofAlienageorChallengetheReliability

ofEvidence:Although options for challenging the use of illegally

obtained evidence are more limited in the immigration context than

44 For example, the Fourth Amendment protects against search, seizure and arrest without probable cause, and does not permit police or agents to enter homes without judicial warrants or consent. The Fifth and Fourteenth Amendments protect against discrimination because of race, national origin, or gender (though not immigration status). In addition, federal law permits people to file damages claims to federal agencies if you have suffered a “tort,” like property damage, physical battery, or emotional distress.

ICE RAID TOOLKIT


in criminal courts, immigration judges can suppress evidence of

deportability based on unlawful conduct by ICE. To pursue deportation

against someone DHS charges as undocumented, DHS must first

establish in immigration court that the person is foreign-born. Where

DHS’ only evidence of “alienage” (where a person was born) was obtained

through unlawful conduct, individuals may argue that this evidence

should be suppressed and excluded because of violations of the Fourth

Amendment’s protections against unlawful search and seizure 45 or the

Fifth Amendment’s Due Process Clause. A similar argument is available

to challenge the reliability of evidence obtained through unlawful

conduct. Unlawful conduct can include coercive tactics, force, illegal

ruses, or racial profiling.

Many federal court decisions have upheld the suppression of illegally

obtained evidence in immigration court proceedings. 46 When the only

evidenceofalienageissuppressed,removalproceedingsmustbe

terminatedbecauseDHShasnotproven,asrequired,thatthesubject

of the proceeding is not a U.S. citizen.47 In the case of documented

immigrants (e.g. lawful permanent residents, asylees, and refugees), or

immigrants who were known to immigration authorities prior to a raid,

for example through a visa or work authorization application or a prior

encounter with ICE, suppression challenges can face more obstacles but

are worth discussing with a lawyer.

— MovetoTerminateRemovalProceedingsBasedonViolationsof

theGoverningRegulationsortheConstitution. Federal regulations

require ICE agents to refrain from unlawful conduct during enforcement

operations. 48 Where ICE agents violate individual rights during a raid or

other arrest, an individual in removal proceedings can move to terminate

those proceedings based on the agents’ conduct that violates the

regulations or the Fourth or Fifth Amendments.49

45 See INS v. Lopez-Mendoza, 468 U.S. 1032 (1984).

46 See, e.g., Sicajau-Cotzojay v. Holder, 725 F. 3d 172 (2nd Cir. 2013); Oliva-Ramos v. Attorney General, 694 F. 3d. 259 (3rd Cir. 2013); Pretzantzin v. Holder, 725 F. 3d 161 (2nd Cir. 2013); Orhorhaghe v. INS, 38 F. 3d 488 (9th Cir. 1994).

47 Note that individual assessments on whether to pursue motions to suppress should be made on each case. Individuals who may have a form of relief against deportation available to them, such as cancellation of removal or asylum, may want to move forward on those applications rather than seek to suppress evidence.

48 E.g., 8 C.F.R. 287.8(c)(2)(vii) (prohibiting use of coercion during arrest and interrogation by immigration officer); 8 CFR 287.8(a)(1)(ii) (permitting the use of non-deadly force only when an officer has “reasonable grounds” to believe that such force is necessary).

49 See Rajah v. Mukasey, 544 F.3d 427, 431, 443, 446 (2d Cir. 2008).

ICE RAID TOOLKIT


In Federal Court:

— FileSuitforMonetaryDamagesUndertheFederalTortClaimsAct

(FTCA):The FTCA, 26 U.S.C. §§ 2671 et seq., permits individuals harmed

by federal agencies to sue the United States for monetary damages.

Before filing suit, a form setting out the type of damage suffered, the date

of the injury, the amount of money sought, and other details must be

filed with the federal agency. That form is available here: https://www.

gsa.gov/portal/forms/download/116418. If the federal agency does not

respond within six months, or if you disagree with the way they respond,

you can file a complaint in federal court, specifying the specific tort

laws in your state that were violated, for example, “trespass,” “negligent

infliction of emotional distress,” or “property damage.” The statute

of limitations for FTCA claims depends on the statute of limitations for

each specific “tort” in your state, but is typically two years depending

on the state. YoudonothavetobeaU.S.citizenorhavelawfulstatus

tofiletheseclaims.Youcanalsofiletheseclaimsasawitnesstoaraid,

ifyouhavesufferedemotional,physical,property,orotherdamage.

OrganizationsmayalsobringFTCAclaims.

— FileSuitforConstitutionalViolationsbyFederalOfficersandAgents:

When agents or officers violate the Constitution — for example, by using

excessive force during a raid, or by racial profiling to make an arrest —

they can be sued individually in Bivens claims. 50 Bivens claims allow

victims of unconstitutional conduct by agents operating “under color

of law” (meaning those who act in their official capacity) to file suit in

federal court, seeking monetary damages for violations of constitutional

law. In some cases where it is shown to be a pattern of unconstitutional

behavior, suitscanbebroughttostoptheillegalconductorstop

future illegal conduct. Suits can be brought not only against those who

personally conducted the raids, but also against their supervisors and

high-level officials who ordered or otherwise guided the conduct. You do

50 See Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971).

https://www.gsa.gov/portal/forms/download/116418

https://www.gsa.gov/portal/forms/download/116418

ICE RAID TOOLKIT


nothavetobeaU.S.citizenorhavelawfulstatustofiletheseclaims.

Organizationsmayalso,insomecases,bringconstitutionalclaims.

— FileSuitforConstitutionalViolationsbyStateandLocalAuthorities:

Where state or local police and other enforcement agencies collaborate

with federal immigration authorities to violate the Constitution, they

too can be sued for damages under 42 U.S.C. §1983. In addition, the law

enforcement agency itself — for example, the local police department

or state highway authority — canbesuedformonetarydamages

or to stop the illegal conduct. Individual state officers can also be sued

under state tort laws. YoudonothavetobeaU.S.citizenorhave

lawfulstatustofiletheseclaims.Organizationsmayalso,insome

cases,bringconstitutionalclaims.

Within DHS:

— ComplaintoDHS’OfficeofCivilRightsandCivilLiberties(CRCL):

DHS, through its CRCL office, has a complaint mechanism for individuals

alleging misconduct by federal agents and officers. Complaint forms

can be found here: https://www.dhs.gov/file-civil-rights-complaint.

If investigations are done fully, those who complain must provide sworn

statements in interviews with the federal agency.

While complaints must be investigated, they are very rarely substantiated,

andthereisnopossibilityofobtainingdamages,injunctivereliefor

remedies from deportation. We recommend that all those who participate

in sworn interviews be accompanied by an attorney.

https://www.dhs.gov/file-civil-rights-complaint

ICE RAID TOOLKIT


Community Responses to ICE Raids

People and organizations have been steadfastly fighting back against

ICE’s practice of criminalizing immigrants and arresting people in their

communities. Our approach is to continue reevaluating tactics and

strategies to identify key leverage points and expand our toolbox accordingly.

The ultimate goal is to maximize our ability to take care of each other,

prevent abuses, and support the leadership of frontline communities for

long-term change.

We will continue to update and prioritize effective tactics as we learn more

about the practices on the ground during the Trump administration.

Visit: http://www.immdefense.org/ice-arrests to learn more about community

responses to ICE raids and detention and deportation overall:

— Policyinitiatives

— Know Your Rights materials and trainings

— Organizing community defense strategies

— Building a case campaign

— Seekingsupportfromelectedofficials

Information on all of the above can be found at:http://www.immdefense.org/ice-arrests




ACKNOWLEDGMENTS ICE RAID TOOLKIT

Acknowledgments This content of this toolkit was researched and written by the

Immigrant Defense Project and the Center for Constitutional Rights.

The primary authors at IDP are Mizue Aizeki, Genia Blaser and

Michelle Parris, with support from Michael Velarde, Andrew Wachtenheim,

and Alisa Wellek. The primary authors at CCR are Ian Head, Somalia Samuel,

and Ghita Schwarz.

We thank the Hispanic Interest Coalition of Alabama (HICA) for their

collaboration in the FOIA process. We also thank the Northern Manhattan

Coalition for Immigrant Rights (NMCIR) for their collaboration and support

in the gathering of home raid stories and advocacy to protect immigrants

from home raids.

For their support in collecting reports of raids between April 2013 and

December 2016, we thank the New York University School of Law Immigrant

Rights Clinic, Brooklyn Defender Services, the Bronx Defenders, Legal

Aid Society, Neighborhood Defender Services of Harlem, New York County

Defender Services, Queens Law Associates, Families for Freedom, Make

the Road New York, ACLU of Southern California, New Orleans Workers

Center for Racial Justice, Suffolk County Legal Aid, and other community

based organizations.

Thanks, as well, to Fred Diego for design and implementation of the

forthcoming online interactive map of home raids reported to IDP.

Design by L+L: http://www.landl.us

Illustrations: Images on pages 15, 16, 17 and 19 provided by Bishakh Som.

Cover image and other images by anonymous artist.

http://www.landl.us

ACKNOWLEDGMENTS ICE RAID TOOLKIT


© Immigrant Defense Project and Center for Constitutional Rights 2017

If you wish to reproduce this toolkit in its entirety or reproduce

excerpts, please attribute to Immigrant Defense Project and the

Center for Constitutional Rights.

The information in this toolkit and our Know Your Rights information

will be updated periodically, so please continue to visit

http://www.immdefense.org/ice-arrests or sign up for our newsletter

here: http://www.immdefense.org/about/newsletter/

Please direct any inquiries to [email protected]


http://www.immdefense.org/about/newsletter/

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